[PDF] Bureaucratic Justice eBook

Author : Jerry L. Mashaw
Publisher : Yale University Press
Page : 260 pages
File Size : 11,52 MB
Release : 1983-01-01
Category : Law
ISBN : 9780300034035

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Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies

Author : Christopher F. Edley
Publisher : Yale University Press
Page : 288 pages
File Size : 20,42 MB
Release : 1992-07-29
Category : Law
ISBN : 9780300052534

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This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.

Author : James Q. Wilson
Publisher : Hachette UK
Page : 464 pages
File Size : 24,98 MB
Release : 2019-08-13
Category : Political Science
ISBN : 1541646258

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The classic book on the way American government agencies work and how they can be made to work better -- the "masterwork" of political scientist James Q. Wilson (The Economist) In Bureaucracy, the distinguished scholar James Q. Wilson examines a wide range of bureaucracies, including the US Army, the FBI, the CIA, the FCC, and the Social Security Administration, providing the first comprehensive, in-depth analysis of what government agencies do, why they operate the way they do, and how they might become more responsible and effective. It is the essential guide to understanding how American government works.

Author : Cass R. Sunstein
Publisher : Harvard University Press
Page : 209 pages
File Size : 44,96 MB
Release : 2020-09-15
Category : Law
ISBN : 0674247531

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From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Author : Judith Gruber
Publisher : University of California Press
Page : 246 pages
File Size : 32,60 MB
Release : 2021-05-28
Category : Political Science
ISBN : 0520369432

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1983.

Author : Marissa Martino Golden
Publisher : Columbia University Press
Page : 252 pages
File Size : 16,81 MB
Release : 2000-10-06
Category : Political Science
ISBN : 0231106971

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-- Political Science Quarterly

Author : Zach Richards
Publisher : Routledge
Page : 197 pages
File Size : 14,1 MB
Release : 2018-08-06
Category : Law
ISBN : 0429953054

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Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

Author : Morton H. Halperin
Publisher : Rowman & Littlefield
Page : 416 pages
File Size : 15,21 MB
Release : 2007-02-01
Category : Political Science
ISBN : 0815734107

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The first edition of Bureaucratic Politics and Foreign Policy is one of the most successful Brookings titles of all time. This thoroughly revised version updates that classic analysis of the role played by the federal bureaucracy—civilian career officials, political appointees, and military officers—and Congress in formulating U.S. national security policy, illustrating how policy decisions are actually made. Government agencies, departments, and individuals all have certain interests to preserve and promote. Those priorities, and the conflicts they sometimes spark, heavily influence the formulation and implementation of foreign policy. A decision that looks like an orchestrated attempt to influence another country may in fact represent a shaky compromise between rival elements within the U.S. government. The authors provide numerous examples of bureaucratic maneuvering and reveal how they have influenced our international relations. The revised edition includes new examples of bureaucratic politics from the past three decades, from Jimmy Carter's view of the State Department to conflicts between George W. Bush and the bureaucracy regarding Iraq. The second edition also includes a new analysis of Congress's role in the politics of foreign policymaking.